Case Note & Summary
The petitioners, who were ex-members of the managing committee of Vaishali Nagar Mahalaxmi Co-operative Housing Society Limited, challenged their disqualification under Section 78(1)(b) of the Maharashtra Co-operative Societies Act, 1960. The disqualification was ordered by the Deputy Registrar of Co-operative Societies on 6 May 2025 for failure to furnish demanded records, namely minutes of monthly managing committee meetings from April 2022 to March 2023 and a Compact Disk containing video recording of the Annual General Meeting held on 24 September 2023, to Respondent No.4, a fellow committee member. Respondent No.4 had made written demands on 5 October 2023 and 8 October 2023, enclosing cheques of Rs.200 each towards copying expenses. The petitioners did not supply the documents, leading to a complaint on the Government Portal. The Deputy Registrar disqualified the petitioners and appointed an Administrator. On appeal, the Joint Registrar upheld the disqualification but set aside the appointment of the Administrator. In revision, the Hon'ble Minister (Co-operation) upheld the Joint Registrar's order. The petitioners then filed a writ petition under Article 226 of the Constitution of India. The High Court examined the concurrent findings of the three authorities and held that the failure to furnish records without reasonable cause attracts disqualification under Section 78(1)(b). The court noted that the petitioners had not provided any justification for non-supply and that the findings of fact were based on evidence. The court found no perversity or error of law warranting interference under Article 226. Accordingly, the writ petition was dismissed, upholding the disqualification of the petitioners.
Headnote
A) Co-operative Law - Disqualification of Committee Members - Section 78(1)(b) MCS Act - Failure to Furnish Records - Petitioners, ex-members of managing committee, were disqualified for not supplying minutes of meetings and video recording of AGM demanded by Respondent No.4 - Concurrent findings by Deputy Registrar, Joint Registrar, and Minister upheld - Held that failure to furnish records without reasonable cause attracts disqualification under Section 78(1)(b) (Paras 1-20). B) Co-operative Law - Right of Member to Access Records - Section 78(1)(b) MCS Act - Member's Right to Information - Respondent No.4, a committee member, demanded minutes and video recording - Petitioners failed to supply despite payment of copying fees - Held that member has a right to access records and non-supply without justification leads to disqualification (Paras 3-10). C) Constitutional Law - Judicial Review - Article 226 of Constitution of India - Scope of Interference - Petitioners challenged concurrent findings of three authorities - Court held that findings of fact based on evidence cannot be interfered with unless perverse or based on no evidence - Held that no perversity shown, hence no interference (Paras 18-20).
Issue of Consideration
Whether the disqualification of petitioners under Section 78(1)(b) of the Maharashtra Co-operative Societies Act, 1960 for failure to furnish demanded records to a member is sustainable.
Final Decision
Writ Petition dismissed. The orders of disqualification passed by the Deputy Registrar, Joint Registrar, and Minister are upheld.
Law Points
- Disqualification under Section 78(1)(b) MCS Act
- Failure to furnish records
- Concurrent findings
- Scope of judicial review under Article 226
- Right of member to access records
